Effective today, May 20, 2019, any cap-subject H1B petition filed for regular processing that requested a change of status may now be "upgraded" to premium processing by filing form I-907. This, of course, only applies if the petition was selected in the H1B lottery.For all...
Answer Normally, one can apply for a visa "stamp" in any country, outside the U.S., where one is physically present. However, check the consulate's website before traveling, as some have unique rules for third-country nationals. Also, if you apply at a consulate other than the one...
Answer One in H1B status generally can be a passive investor in a business. However, one is not permitted to perform any work for the company, even if it is unpaid. And determining whether a particular activity is considered "work" under immigration law can be tricky....
Answer Yes, the new I-539 form requires the payment of a biometric fee, and the taking of biometrics prior to approval. (20.May.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat...
Answer One in this situation generally would be in H1B status until the H-4 is approved, or until the H1B expires. Until one of these events occurs, the individual normally would be able to continue working for the H1B employer. (20.May.2019)In frequent sessions of our Chat,...
Today, the U.S. Citizenship and Immigration Services (USCIS) announced that the data entry process has been completed for all cases selected in the fiscal year 2020 (FY20) H1B lottery. The USCIS will now begin returning all cap-subject petitions that were not selected.The USCIS notes that,...
Answer In general, no, this would not impact the H1B change-of-status request because OPT is not a status - one's status during OPT would still be F-1. Once an H1B change-of-status is approved, the F-1 status and corresponding OPT are terminated as of October 1st (or...
Answer In general, there is no requirement that one have a particular period of validity remaining to enter the U.S. in H1B status. Assuming the position is still available, one may request admission in H1B status for the remaining three-month period. (13.May.2019)In frequent sessions of our...
Answer Under the contiguous territory rule, one generally can go to Canada or Mexico using automatic visa revalidation ("AVR") for up to 30 days if one's I-94 is unexpired. A valid visa stamp is NOT required to reenter the U.S. However, one cannot use "AVR" if...
As of May 20, 2019, the U.S. Citizenship and Immigration Services (USCIS) will accept only the latest version of the petition for a nonimmigrant worker (form I-129), which has a 01/31/19 date printed at the bottom of each page. The USCIS will reject any prior...
